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2013 DIGILAW 563 (RAJ)

Basanti Pilley v. Union of India

2013-03-13

ALOK SHARMA

body2013
JUDGMENT 1. - This is third application for suspension of sentence of the accused-applicant, who was convicted by the judgment dated 16.06.2006, passed by the learned Special Judge, NDPS Cases, Ajmer, in Sessions Case No. 1/04 for offence under Section 8/21 NDPS Act and visited with sentence of fifteen years rigorous imprisonment and fine of Rs. 1 lakh or additional imprisonment in lieu thereof. 2. This third application for suspension of sentence comes up in the circumstance of the accused-applicant having been diagnosed with ovarian cancer. On biopsy metastatic adendorioma of left ovary has been determined. The Doctor has given a positive findings of the accused-applicant suffering from cancer which is stated to be at an advance stage. The accused-applicant is being treated at Birla Cancer Centre, SMS Hospital Jaipur through the Jail Authority and being administrated chemotherapy. It has been submitted that looking to the seriousness of the accused-applicant's medical condition, the Medical Officer, Women Prisoners Reforms Cell (Central Jail), Jaipur has issued a certificate in Form RJ-152 certifying that the accused-applicant is suffering from cancer which has become metastatic. 3. With regard to the dismissal of earlier two applications for suspension of sentence, it has been submitted that the first application was not pressed and when the second application bearing No. 819/12 came before this Court on 23.01.2013, the seriousness and imminently fatal nature of the accused-applicant's disease could not be brought to the notice of this Court by the learned counsel Mr. Vinay Pal Yadav as he does not appear to have been communicated the said fact. On the matter coming up before this court on 23.01.2013, this Court had rejected the second bail application for suspension of sentence on the ground that the conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not satisfied. However, at this stage the factum of the serious illness of the accused-applicant was not brought to the notice of this Court. 4. In view of the contents of the third application for suspension of sentence, this Court required the office of the learned Government Advocates to verify the contents of the third application, more particularly with regard to nature of the accused-applicant's illness and its stage. As the Advocates have struck work, this Court required an employee of the Government Office to obtain a report from the Jail Authority. As the Advocates have struck work, this Court required an employee of the Government Office to obtain a report from the Jail Authority. A report dated 12.03.2013 has been submitted today under the hand of the Dy. Superintendent, Women Jail, Jaipur wherein it has been stated that the accused-applicant is suffering from cancer which has become metastatic and spread allover the body of the accused-applicant. 5. Heard. Considered. 6. To my mind, in view of the serious nature of the disease being suffered by the accused-applicant, who is over 60 years of age and the factum that the accused-applicant aside of the medical treatment would also need psychological support which cannot be obtained in jail, the discretion of this Court for the suspension of sentence of the accused-applicant visited upon by the learned Special Judge NDPS Cases, Jaipur under its judgment dated 16.06.2006 ought to be exercised. Consequently, the third application for suspension of sentence of the accused-appellant is allowed subject to the condition that the accused-applicant deposit the fine as submitted by her counsel in the course of arguments in the second application for suspension of sentence. 7. It is directed that on the deposition of fine by the accused-applicant, namely Smt. Basanti Pilley W/o Veeramani Pilley, her sentence of imprisonment shall remain suspended during pendency of the appeal and she shall be released on bail provided, she furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) with one surety of the like amount to the satisfaction of the trial court to appear before this Court on 15.05.2013 and as and when she is called upon to do so.Application for suspension of sentence allowed. *******